A Behavioral Perspective on Technology Evolution and Domain Name Regulation

Pacific McGeorge Global Business and Development Law Journal 21 (1):1-25 (2008)
  Copy   BIBTEX


This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic assumptions about how law is made and what laws we should have in a given area, if any. I begin by analyzing different aspects of U.S. law, from a high-level critique of law making to a critique of rights assignment for what I call 'simple nonrival goods.' I describe my understanding, as a non-lawyer with a background in psychology and computing, of the current conventions in U.S. law, consider the foundational assumptions that justify current conventions, describe advances in psychology and technology that call these conventions into question, and briefly note how the law might normatively change in this light. I then apply this general analysis to the question of domain name assignment by the Internet Corporation for Assigned Names and Numbers (ICANN).



External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Implications of Social Justice for the Pricing of Information Goods.Shana R. Ponelis - 2007 - International Review of Information Ethics 7:216-220.
The “Bias” Bias in Social Psychology: Adaptive When and How?James Friedrich - 2004 - Behavioral and Brain Sciences 27 (3):335-336.
Inequality Aversion and Antisocial Punishment.Christian Thöni - 2014 - Theory and Decision 76 (4):529-545.
Information Technology From Homer to Dendral.J. E. Tiles - 1990 - International Studies in the Philosophy of Science 4 (2):205 – 220.
Transformation of the Public Goods of Mass Media and Construction of Civil Culture.Ping He - 2004 - Nankai University (Philosophy and Social Sciences) 6:36-42.


Added to PP

192 (#64,554)

6 months
19 (#51,739)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Todd Davies
Stanford University

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references